(a) At the first regular meeting in May of each year, the mayor, by and with the consent of the council, shall appoint a city administrator, fire chief, city clerk and city treasurer, and may appoint a city attorney, municipal judge, chief of police and such other officers as may be deemed necessary for the best interest of the city. Such officers shall hold their respective offices until their successors have been appointed and qualified. All such appointments shall be entered on the journal of proceedings of the governing body. The duties and salaries of all appointed officers shall be fixed by resolution.
(b) The officers appointed shall be qualified electors of the city, except the city may appoint nonresidents as city attorney, municipal judge, city clerk, city treasurer, police chief, fire chief, and as law enforcement officers when deemed necessary, including the appointment of nonresidents who also serve as city attorney, municipal judge or law enforcement officers of another municipality or public agency; provided, that nothing herein shall authorize the appointment of nonresidents of this state.
(c) The mayor may assign council members to chair a committee with intent to advise a city department. To work with their department head to help enhance the department's functionality and community communication of what and how said department works. Each council member working as a citizen advisor shall:
(1) Understand they do not have council power as they work with the department and cannot give orders to city employees regarding work, only make suggestions.
(2) Assist in finding ways to enhance the department's functionality to improve the city.
(3) Assist the department to find ways to lower expenditure and improve productivity.
(4) Assist in determining the difference between essential and wishful spending.
(5) Assist in helping keep updated a structured list of anticipated purchases, replacements, and repairs necessary for the department.
(6) Assist in budget planning for the department.
(7) Help investigate any community complaints regarding any member of that department.
(8) At the first meeting in January submit a report to the council highlighting the year in review.
(Code 2014; Code 2024)
The mayor with the consent of the council shall have authority to hire all other employees, or such authority may be delegated to the respective departmental heads. All employees are to be considered at-will employees.
(Code 2014; Code 2024)
(a) A majority of all members elect of the governing body may remove any appointed officer.
(b) For good cause, the mayor may suspend at any time any appointed officer.
(c) Employees, other than appointed officers, may be removed by the mayor upon recommendation of the respective department heads.
(d) No officer or employee shall be removed for cause until he or she has been given notice and afforded the opportunity for a hearing.
(Code 2014)
Whenever a vacancy occurs in any appointive office for whatever reason, the vacancy shall be filled by the mayor with consent of council. Any person appointed to fill such vacancy shall serve only until the next regular time for appointment.
(Code 2014; Code 2024)
The city clerk shall:
(a) Be custodian of all city records, books, files, papers, documents, and other personal effects belonging to the city and not properly pertaining to any other office.
(b) Carry on all official correspondence of the city;
(c) Attend and keep a record of the proceedings of all regular and special meetings of the governing body.
(d) Enter every appointment of office and the date thereof in the journal;
(e) Enter or place each ordinance of the city in the ordinance books after its passage;
(f) Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance.
(Code 2014)
The city clerk shall:
(a) Prepare and keep suitable fiscal records according to generally accepted accounting principals;
(b) Assist in preparing the annual budget;
(c) Audit all claims against the city for goods or services rendered for the consideration of the governing body. His or her accounts shall properly show the amounts paid from any fund of the city and the cash balance existing in each fund;
(d) Keep an accurate account of all bonds issued by the city;
(e) Keep a record of all special assessments.
(Code 2014)
The city clerk shall:
(a) Have custody of the corporate seal of the city and shall affix the same to the official copy of all ordinances, contracts, and other documents required to be authenticated;
(b) Have power to administer oaths for all purposes pertaining to the business and affairs of the city;
(c) Keep suitable files of all such oaths required to be deposited in his or her office.
(Code 2014)
The city clerk is designated as the withholding agent of the city for the purposes of the Federal Revenue (Income) Act, and shall perform the duties required of withholding agents by said act or any other act requiring withholding from the compensation of any city officer or employee. The clerk shall perform such other duties as may be prescribed by the governing body or the Kansas statutes.
(Code 2014)
A deputy clerk may be appointed by the city council. The deputy shall assume the duties of the city clerk when the city clerk is unable to perform those duties or is absent from the city. At all other times, the deputy shall act as an assistant to the city clerk and shall be appointed annually at the time of the city clerk’s appointment, and when the position is vacated.
(Code 2014)
The city treasurer shall:
(a) Keep a full and accurate record of all money received and paid out in a ledger book provided by the governing body;
(b) May sign checks of the city;
(c) Pay out city funds only upon orders or warrants properly signed by the mayor and city clerk;
(d) Perform such other duties as may be prescribed by the governing body or the Kansas statutes.
(Code 2014; Code 2024)
There is hereby established the office of city attorney. No person shall be eligible for the office of city attorney who is not an attorney at law admitted to practice in the Supreme Court of the State of Kansas. The city attorney shall be charged with the general direction and supervision of the legal affairs of the city. The city attorney shall:
(a) Attend meetings of the city council;
(b) Advise the city council and all officers of the city upon such legal questions affecting the city and its offices as may be submitted to him or her;
(c) When requested by the city council, give opinions in writing upon any such questions;
(d) Draft such ordinances, contracts, leases, easements, conveyances, and other instruments in writing as may be submitted to him or her in the regular transaction of affairs of the city;
(e) Approve all ordinances of the city as to form and legality;
(f) Attend planning commission and board of zoning appeals; meetings when so directed by the boards;
(g) Appeal and prosecute all violations of city ordinances in municipal court when his or her services shall be required;
(h) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
(Code 2014; Code 2024)
The same person may be appointed to more than one appointive office, or employed in more than one department, except that the same person shall not be appointed to incompatible offices. Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments.
(Code 2014)
(a) No city officer or employee shall be signatory upon, discuss in any official capacity, vote on any issue concerning or otherwise participate in his or her capacity as a public official or employee in the making of any contract with any person or business:
(1) In which the officer or employee owns a legal or equitable interest exceeding $5,000 or five percent, whichever is less, individually, or collectively with his or her spouse; or
(2) From which the officer or employee receives, in the current or immediately preceding of succeeding calendar year, any salary, gratuity, other compensation or a contract for or promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of $1,000 or more; or
(3) In which he or she shall hold the position of officer or director, irrespective of the amount of compensation received from or ownership held in the business.
(b) The prohibitions contained in subsection (a) of this section shall not apply to the following:
(1) Contracts let after competitive bidding has been solicited by published notice; and
(2) Contracts for property or services for which the price or rate is fixed by law.
(Code 2014)
(a) Creation. There is hereby created the position of city administrator who shall be under the direct supervision of the mayor and council of the city. The city administrator shall be appointed by the mayor with the consent of the city council and shall serve at the pleasure of the council. If the city administrator is employed by the city council under an employment contract with other than an “at will” term, the city council may terminate said contract early under the terms of any such contract by a 2/3 vote of the council or at the conclusion of the term of the contract, with proper notice under the terms of the contract, by a majority vote of the council. The city administrator shall be appointed on the basis of his or her qualifications and ability. The same person may hold the office of city clerk and the office of city administrator.
(b) Powers, Duties, and Responsibilities of City Administrator. The city administrator shall be the chief administrative officer of the city and shall be responsible to the mayor and council for administration of city affairs. He or she shall exercise such responsibilities and execute such duties as are prescribed by state statute and city ordinance, and such other duties and responsibilities as may be lawfully delegated by the mayor and/or council. Such prescribed and delegated responsibilities and duties shall include, but not be limited to, the following:
(1) Maintain general administrative and managerial supervision over the various functions, departments, personnel, projects, and services of the city.
(2) Implement council policy.
(3) Record official transactions and proceedings of governing body meetings, as well as any city board or committee meetings when requested.
(4) Maintain custody of ordinances and proceedings of the governing body meetings.
(5) Oversee the maintenance of all city accounting records for both expenditures and revenues.
(6) Develop, prepare, and submit policy considerations to the governing body for action.
(7) Prepare and manage the annual budget.
(8) Prepare and deliver reports to council.
(9) Promote economic development projects.
(10) Investigate and prepare the writing of grants for the city.
(11) Take responsibility for organizational development.
(12) Supervise all department heads.
(13) Negotiate on behalf of the city.
(14) Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as may be established by the governing body and to supervise the management and care of all city land, property, buildings, and equipment.
(15) Take responsibility for personnel and human resources management and recommend to the mayor and council the hiring and discharging of appointive officers and employees.
(16) Take responsibility for short- and long-range planning.
(17) Perform such other duties as the governing body may direct.
(18) At no time shall the duties or the powers of the city administrator supersede the action and power of the mayor or governing body.
(c) Orders and Reports. It shall be the general practice of the governing body to issue all orders and directives to all city officers and departments and receive reports and communications there from through the city administrator.
(Code 2014; Code 2024)